Pinellas County Judge Rules in Favor of Protecting Rights
Recently Judge Kelly, a Pinellas County Circuit Court Judge, entered a ruling that resulted in Pinellas County law enforcement to video tape all HGN tests and prohibits law enforcement from hiding possible exculpatory evidence, according to TBO.com. Judge Kelly states “Having an officer testify about evidence intentionally not recorded, whether exculpatory or only potentially useful, makes any trial incorporating that testimony fundamentally unfair”.
The officers that stop motorists already have the upper hand. They are allowed to use their individual subjective beliefs, even if incorrectly asserted, to arrest an individual for DUI . Judge Kelly’s order is strong message to law enforcement that says just because you can doesn’t mean you should. Just because you can have an individual perform field sobriety exercises outside the purview of a video camera, doesn’t mean that you should, especially when its done because DUI defense Attorneys have challenged the methods used in conducting the HGN or other field sobriety tests .